Bill Text: NY S09116 | 2021-2022 | General Assembly | Introduced
Bill Title: Permits the detention of juveniles with adults when no other facility is available within fifty miles.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2022-05-10 - REFERRED TO CODES [S09116 Detail]
Download: New_York-2021-S09116-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 9116 IN SENATE May 10, 2022 ___________ Introduced by Sen. SKOUFIS -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the criminal procedure law and the family court act, in relation to permitting the detention of juveniles with adults in certain circumstances The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Section 510.15 of the criminal procedure law is amended by 2 adding a new subdivision 3 to read as follows: 3 3. Notwithstanding any provision of law to the contrary, in the event 4 there is no capacity at the closest facility certified by the office of 5 children and family services in conjunction with the state commission of 6 correction as a specialized secure juvenile detention facility to the 7 sheriff's department, as determined by measuring the direct distance 8 between such facility and such sheriff's department, then the court 9 shall, in the interest of justice, direct that the principal be lodged 10 in a facility approved by the office of children and family services in 11 conjunction with the state commission of correction with one hundred 12 percent sight and sound separation from the adult population. Should 13 there be no facilities within a reasonable distance that have one 14 hundred percent sight and sound separation from the adult population, 15 then the court shall, in the interest of justice, direct the principal 16 be lodged in an adult facility until such bed is made available at such 17 facility or the closest specialized secure juvenile detention facility 18 as determined by measuring the direct distance between such facility and 19 such sheriff's department. For the purposes of this section, "reason- 20 able distance" shall mean within fifty miles. 21 § 2. Section 304.1 of the family court act is amended by adding a new 22 subdivision 5 to read as follows: 23 5. A detention facility, as certified by this section, that receives 24 authorization from the office of children and family services as an 25 alternative jail placement for an adolescent offender shall be granted 26 right of first refusal in circumstances in which there are no placements 27 available at the closest specialized secure juvenile detention facility, EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD15657-03-2S. 9116 2 1 as determined by measuring the direct distance to any such facilities, 2 including a forty-eight-hour holdover facility. 3 § 3. This act shall take effect immediately.